First Previous (PART V Amendments to Existing Schemes) Next (PART VII Amendment of Health Contributions Act, 1979 and Youth Employment Agency Act, 1981)

4 1994

SOCIAL WELFARE ACT, 1994

PART VI

Miscellaneous

Payments after death.

26. —Section 210 of the Principal Act is hereby amended by—

(a) the substitution for paragraph (c) of subsection (2) of the following paragraph:

“(c) where an adult dependant in respect of whom an increase of benefit specified in paragraphs (a) to (h) or (j) and (k) of subsection (1) is being paid, or in respect of whom such an increase would be payable but for the receipt by the adult dependant of an old age (non-contributory) pension, a blind pension or a carer's allowance in his own right, dies, payment of such increase shall continue to be made for a period of 6 weeks after the date of death, and”, and

(b) the substitution for subsection (3) of the following subsection:

“(3) Subject to this section—

(a) payment of old age (non-contributory) pension shall continue to be made for a period of 6 weeks after the death of a beneficiary who had an increase under section 137 (a), and

(b) where a spouse in respect of whom an increase of old age (non-contributory) pension under section 137 (a) is payable, or in respect of whom such an increase would be payable, but for the receipt by the spouse of an old age (non-contributory) pension, a blind pension or a carer's allowance in his own right, dies, payment of such increase shall continue to be made for a period of 6 weeks after the date of death.”.

Pre-retirement allowance.

27. —Section 122 of the Principal Act is hereby amended by the insertion after subsection (7) of the following subsection:

“(8) This section shall not apply in the case of a person who was entitled to or in receipt of pre-retirement allowance before the 2nd day of April, 1993.”.

Social welfare inspectors.

28. —Section 212 of the Principal Act is hereby amended by—

(a) the substitution for subsection (4) of the following subsection:

“(4) The occupier of any premises or place liable to inspection under this section, and any other person who—

(a) is or has been employing—

(i) any person in insurable employment or insurable (occupational injuries) employment, or

(ii) any claimant or beneficiary,

or

(b) engages or has engaged a person under a contract for service to perform a service,

and the employees of, or any other person providing bookkeeping, clerical or other administrative services to, any such occupier or other person and any insured person, claimant or beneficiary, or any person in respect of whom such a benefit is claimed, shall furnish to a social welfare inspector all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the social welfare inspector may reasonably require for the purposes of ascertaining whether contributions are or have been payable, or have been duly paid in respect of any person, or whether any benefit is or was payable to or in respect of any person.”, and

(b) the insertion after subsection (10) of the following subsection:

“(10A) A social welfare inspector may exercise any of the powers or duties conferred on him by this section to investigate, at the request of the competent authority of another Member State or any other country with which the Minister has made a reciprocal arrangement under the provisions of section 238, any claim, by a person resident in the State, for or in respect of any social security payment under the legislation of another Member State, or under the legislation of any other country with which the Minister has made a reciprocal arrangement under the said provisions.”.

Failure to keep records.

29. —The Principal Act is hereby amended by the substitution for section 219 of the following section:

“Failure to keep records.

219.—(1) Where—

(a) an employer has failed to keep records under regulations made under section 14 (5) or 215A or has failed to make a notification under regulations made under section 215, or

(b) any other person who engages a person (referred to in this section as a ‘contracted person’) under a contract for service to perform a service, has failed to keep records under regulations made under section 215A or has failed to make a notification under regulations made under section 215,

and an employee or a contracted person (as the case may be) receives payment, due wholly or partly by reason of that failure, of benefit which he was not entitled to receive in respect of any day on which he was in the employment of the said employer or engaged under a contract for service by the other person, such employer or other person (as the case may be) shall be liable to pay to the Minister on demand a sum not exceeding the amount of benefit which was paid to the said employee or contracted person (as the case may be) and that sum, if not repaid by the employee or contracted person (as the case may be), may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

(2) It shall be presumed until the contrary is shown that any payment aforesaid was made wholly or partly by reason of the failure of the employer or other person who engages a person under a contract for service to keep the said records or to make the said notification referred to in subsection (1).

(3) Where there is a material difference between any document issued by or on behalf of an employer or other person who engages a person under a contract for service, to an employee or contracted person (as the case may be) and any other document furnished to the Minister or to the Collector-General and the employee or contracted person (as the case may be) wholly or partly as a result of that difference, receives benefit to which he was not entitled, such employer or other person (as the case may be) shall be liable to pay to the Minister on demand a sum not exceeding the amount of benefit which was paid to the said employee or contracted person (as the case may be) and such sum, if not repaid by the employee or contracted person (as the case may be), may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

(4) For the purposes of subsection (3) an employee or contracted person (as the case may be) shall include the employee's or contracted person's spouse and any other member of the employee's or contracted person's household (as the case may be) whose entitlement to benefit is regulated or adjusted by the income of the employee or contracted person (as the case may be).

(5) Notwithstanding the provisions of subsection (1) or (3) or any other provisions of this Act under which amounts of benefit may be recovered, the amount recovered by the Minister in any case may not exceed the amount of benefit received by the employee or contracted person (as the case may be) which he was not entitled to receive.”.

Unemployment assistance and supplementary welfare allowance (calculation of rates of payments).

30. —(1) Section 124 of the Principal Act is hereby amended by the deletion of subsection (2).

(2) Section 177 (1) of the Principal Act is hereby amended by—

(a) the substitution for paragraph (a) (ii) of the following paragraph:

“(ii) in the case of a person who has means, the amount calculated in accordance with section 178 which would be appropriate in his case if he had no means, reduced by £1 per week for every £1 of his weekly means, and”, and

(b) the substitution for paragraph (b) of the following paragraph:

“(b) the weekly means of any person for the purpose of ascertaining his entitlement to supplementary welfare allowance shall be calculated in accordance with the Rules contained in Part III of the Third Schedule:

Provided that the amount so calculated shall be rounded up to the nearest £1 where it is a multiple of 50p but not also a multiple of £1 and shall be rounded to the nearest £1 where it is not a multiple of 50p or £1.”.

Occupational injuries insurance.

31. —(1) Section 49 of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsection:

“(3) Notwithstanding subsection (1), regulations may provide for entitling to such and so many of the benefits which comprise occupational injuries benefits, as may be prescribed, subject to such conditions and circumstances as may be prescribed, such class or classes of persons as may be prescribed.”.

(2) Section 4 (4) of the Principal Act is hereby amended by the insertion after “43 (5),” of “49 (3),”.

Amendments consequential on section 3 .

32. —(1) Each provision of the Principal Act mentioned in column (1) of Schedule F to this Act is hereby amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

(2) This section shall come into operation—

(a) in so far as it relates to section 45, on the 21st day of July, 1994,

(b) in so far as it relates to sections 34 and 55, on the 25th day of July, 1994,

(c) in so far as it relates to sections 91, 99, 113 and 167, on the 28th day of July, 1994, and

(d) in so far as it relates to sections 60, 61, 87, 94 and 105, on the 29th day of July, 1994.

Provision of consultancy, training and contract services, etc.

33. —The Principal Act is hereby amended by the insertion after section 238 of the following section:

“Provision of consultancy, training and contract services, etc.

238A.—(1) The Minister may, with the consent of the Minister for Finance, for gain or otherwise, promote and enter into, with a specified body—

(a) a contract or an agreement for the provision by him to, or

(b) a contract, agreement or a joint venture for the provision by him with,

that body of consultancy, advisory, training, technical assistance or contract services or the sale or provision of computer products, inside and outside the State.

(2) In this section ‘a specified body’ means—

(a) a body established by or under any enactment (other than the Companies Acts, 1963 to 1990),

(b) a body established under the Companies Acts, 1963 to 1990,

(c) a body formed or established under the laws of a state other than the State and corresponding to a body referred to in paragraphs (a) and (b),

(d) an institution of the European Communities,

(e) a competent authority of a state other than the State, or

(f) the United Nations, the World Bank or any other international institution recognised by the State.”.